Individuals and the law

Rights

legal or moral entitlements or protection

Legal rights

fall under categories based on our constitution, international law, statute law and common law

Responsibilities

legal or moral obligations to others

Why is balancing rights and responsiblities important

legal rights and responsibilities are balanced to create a fair and just legal system, while individuals have rights, they also have certain corresponding responsibilities to respect the rights of others

What do legal rights provide individuals with

legal rights provide individuals with protection against violations of their rights by others or the state

Reciprocity (with legal rights and responsiblities)

legal rights and responsibilities are often reciprocal in nature. If individuals have the right to a fair trial, they also have a responsibility to participate in legal protections

How are legal responsiblites and rights enforced

legal responsibilities and rights are enforced by the legal system. When someone's legal rights are violated, they can seek legal recourse to assert and protect those rights.

What is the right to return goods

Consumers have the right to return a product if it is not of acceptable quality or not as described.

do customers need a recipt, or just Proof of transaction

No receipt is needed to return an item, just proof of transaction.

Responsibilities of manufacturers/supplier

Suppliers must cover the cost of returns if it is costly.

Human rights

Social and economic rights, political and civil rights.

Universal Declaration of Human Rights

Not country-specific, creates pressure for countries to act in accordance with it.

ICCPR

International Covenant on Civil and Political Rights that obligates member states to respect civil and political rights.

Civil and political rights

Considered 1st generation rights that protect individuals against government power.

ICESCR

International Covenant on Economic, Social and Cultural Rights obligating UN member states to work towards these rights.

Economic, social and cultural rights

Considered 2nd generation rights including the right to work and education.

Australian Human Rights Committee

An independent government organization that protects and promotes human rights in Australia.

Parliamentary Joint Committee on Human Rights

Established by the Human Rights (Parliamentary Scrutiny) Act 2011 to scrutinize bills for compatibility with human rights treaties.

D&E v Australia (2002)

A case where an Iranian family complained about arbitrary detention, leading to a breach of ICCPR.

Brough v Australia (2006)

A case involving an Aboriginal man with a mental disability, leading to breaches of multiple articles of the ICCPR.

Express rights

Civil and political rights clearly outlined in the Australian Constitution.

Implied rights

Civil and political rights inferred from the Constitution rather than expressly stated.

Section 51(xxxi) of the Constitution

Acquisition of property by the Australian government must be on just terms.

Section 80 of the Constitution

Trial by jury for some offences.

Section 116 of the Constitution

Freedom to practice any religion.

Freedom of political communication

Implied right in Australia related to political speech.

Nationwide News Pty Ltd v Wills (1992)

High Court held that an implied freedom of political communication exists.

Dietrich v The Queen (1992)

Established the principle that a person charged with a serious offence should have their trial stayed until they can obtain legal representation.

Minister for Immigration and Ethnic Affairs v Ah Hin Teah (1995)

Determined that legislative provisions should align with Australia's obligations under international law.

Statute law rights

Rights established by legislation, such as the Sex Discrimination Act 1984.

Article 14(2) of the ICCPR

Outlines the presumption of innocence.

Social media's impact on the right to innocence

Social media can influence juries and judges, affecting a defendant's right to a fair trial.

NSW Police Force

Law enforcement agency involved in resolving disputes and maintaining public safety.

Case facts of paramedic incident

A NSW paramedic was stabbed in a McDonald's carpark, leading to police intervention.

Arguments for police actions (paramedic police

Police acted within their powers to prevent further harm.

Arguments against police actions. - paramedic police

Questioning if there were alternatives to using a taser.

Drug Supply Prohibition Order

A legal order allowing the search of a convicted drug dealer if there are reasonable grounds to suspect evidence of a drug-related crime.

Pilot Scheme Act 2020 (NSW)

Legislation that includes provisions for the Drug Supply Prohibition Order.

Threshold for making an order (drug supply prohibition)

The criteria for issuing a Drug Supply Prohibition Order, which is considered very low.

Concerns with the act (drug supply prohibition)

Issues raised regarding the Drug Supply Prohibition Order, including the inclusion of juvenile offences and the duration of the order.

How long can past convictions be considerd under the DSPO

10 years is the current duration for which past convictions can be considered under the Drug Supply Prohibition Order, suggested to be reduced to 5 years.

Media concern DSPO

The apprehension that the bill will target vulnerable members of the community.

Shadow police minister Walt Secord role in DPSO critcism

A political figure who expressed concerns regarding the enactment duration of the Drug Supply Prohibition Order.

Non-legal methods of resolution

Methods of addressing disputes without legal action, including media, interest groups, and protests.

Moral and ethical values of society

The standards that guide the behavior and decisions of a society.

Limitations of media

Includes bias, lack of enforceability, and the spread of misinformation and disinformation.

Misinformation

Unintentionally spreading false information.

Disinformation

Intentionally spreading false information.

Interest groups (NGOs)

Organizations that people can join to challenge state decisions based on shared political views.

Human Rights Watch (HRW)

An NGO that investigates human rights breaches globally and advocates for change.

Treatment of children in detention

An area of focus for HRW, particularly concerning the removal of indigenous children from families.

Factors leading to removal of children

Domestic violence and substance-abuse allegations that result in children being removed instead of receiving help.

Advocating for access to legal representation

HRW's recommendation for the WA government to assist families to prevent child removals.

Strengths of interest groups

Includes raising awareness, allowing more voices in politics, and being most effective when resulting in legal responses.

Limitations of interest groups

Includes factionalism, economic bias, and lack of enforceability.

Protesting

A non-legal method to demonstrate disputes with the state.

Case study: Syd 2022 climate change protests

An example of a protest demonstrating public dissent.

Strengths of protesting

Accessible to all citizens and protected as a constitutional right.

Limitations of protesting

Includes being unenforceable and potential for violent action.

Inform a member of parliament

A method for citizens to relay issues from their electorate to government representatives.

Strengths of informing MPs

Direct access to parliament and the role of MPs to serve the community.

Limitations of informing MPs

MPs may not act on individual requests or gain support from other MPs.

Trade unions

Organizations that support workers' rights and negotiate workplace agreements.

Strengths of trade unions

Represent groups collectively and are experts in their industry.

Limitations of trade unions

May not act in the benefit of all members and cannot guarantee government action.

Merits review

A legal method that examines the merits of a decision to determine if a more preferable decision should be made.

Judicial review

A legal method that assesses the legality of a decision made by an administrator.

Concerns with act (DSPO)

Issues raised regarding the low threshold for making an order, inclusion of juvenile offences, and the duration of the order.

how are Offences committed as a juvenile handled in the DPSO

Crimes committed by individuals under 18 years old that are currently included in the Drug Supply Prohibition Order.

concerns that Bill does not specify a quantity needed (DPSO)

The legislation lacks clarity on the amount of drugs required to apply for a search.

(DPSO) Scheme lacks sufficient oversight

Criticism that the Drug Supply Prohibition Order does not have enough checks to ensure fair operation.

High number of indigenous children removed (HRW report)

A significant issue identified by HRW regarding the removal of indigenous children from families.

Factors leading to removal (HRW report)

Domestic violence and substance-abuse allegations that result in the removal of children instead of providing help.

Does a person seeking a judicial review have to be directly involved in the issue

yes, A person desiring a judicial review must have standing; they must be directly affected in the issue.

Access to the Courts

Access to the courts to challenge administrative action is an important common law right.

Prohibition

An order that stops a decision from being made or implemented.

Certiorari

An order that reverses a decision that has already been made.

Mandamus

An order that compels the decision maker to perform certain types of public duties that have not been performed.

Injunction

An order that prohibits the decision maker from implementing an invalid decision, or compels the performance of a duty in decisions where mandamus is not available.

Administrative Tribunals

Bodies that review specific administrative decisions of government agencies.

Australian Consumer Law

Schedule of the Australia Competition and Consumer Act (Cth).

NSW Fair Trading Act 1987

Legislation that allocates dispute evaluation processes and mediates disputes.

NSW Civil and Administrative Tribunal (NCAT)

A tribunal that handles various administrative disputes in New South Wales.

Local Court

A court that deals with minor civil and criminal matters.

Ombudsman

An independent authority that can make binding determinations where there is a dispute between an individual and a state or federal provider of services in a particular industry.

Commonwealth (federal) Ombudsman

Looks into complaints about Australian government agencies and some private industries.

NSW Ombudsman

Hears complaints about a NSW Government agency, local council, or community service provider.

Statutory Bodies

Authorities created by statute for a public purpose that can investigate complaints and disputes of certain types.

ICAC

Independent Commission Against Corruption, an authority that investigates corruption in New South Wales.

Anti-Discrimination Board of NSW

An authority that handles complaints regarding discrimination in New South Wales.

Commission of Inquiry

A body established to investigate specific issues or events.

Separation of Powers

The principle that the judicial function of adjusting and punishing criminal guilt is exclusively reserved for the judiciary.

Fair Criminal Trial

A legal process that ensures an individual receives a fair hearing in criminal proceedings.

Ministerial Power

The authority granted to a minister to make decisions within the scope of their responsibilities.

Administrative Action

Actions taken by government agencies in the execution of their duties.

Gladys Berejiklian

Former NSW Premier suspected of participating in corruption while in a secret relationship with Wagga Wagga MP.

Failure to report (finding of ICAC report)

Berejiklian's failure to report Daryl Maguire to ICAC despite knowledge of his property dealings.

Conflict of interest ((finding of ICAC report)

Berejiklian's failure to disclose her relationship with Maguire to the public.

Civil case against ICAC

Legal action launched by Berejiklian claiming the ICAC investigation was biased.

Royal commissions

Commissions of inquiry set to investigate serious matters at both state and federal levels.